Mediation in Indian Legal System Essay Example for Free

Mediation in Indian Legal System Essay There are as many 3. 2 crore cases pending in our courts . The number of pending cases may be due to many loop holes in our legal system , these loop holes are known to us but some of them cannot be dealt with because of stringent laws , moreover to face them and to reduce the number a new thing came into being known as ADR ( Alternate Dispute Resolution ) system which as the name suggests is an alternative system to the commonly followed litigation system which is time consuming and sometimes doesn’t provide a common judgment which may be in favor of both the parties. Therefore an act came up in year 1996 known as ADR act 1996 which empowered with a parallel legal alternative which was followed In the U. S. A. Implementation of ADR in India: The implementation of Alternative Dispute Resolution mechanisms as a means to achieve speedy disposal of justice is a crucial issue. The sea-change from using litigation as a tool to resolve disputes to using Alternative Dispute Resolution mechanisms such as conciliation and mediation to provide speedy justice is a change that cannot be easily achieved. The first step had been taken in India way back in 1940 when the first Arbitration Act was passed. However, due to a lot of loop-holes and problems in the legislation, the provisions could not fully implemented. However, many years later in 1996, The Arbitration and Conciliation Act was passed which was based on the UNCITRAL model, as already discussed in the previous section of the paper. The amendments to this Act were also made taking into account the various opinions of the leading corporates and businessmen who utilise this Act the most. Sufficient provisions have been created and amended in the area of Lok Adalats in order to help the rural and commoner segments to make most use of this unique Alternative Dispute Resolution mechanism in India. Therefore, today the provisions in India sufficiently provide for Alternative Dispute Resolution. However, its implementation has been restricted to just large corporates or big business firms. Lok Adalats, though a very old concept in Indian Society, has not been implemented to its utmost level. People still opt for litigation in many spheres due to a lot of drawbacks. Provisions made by the legislators need to be utilised. This utilisation can take place only when a definite procedure to incerase the implementation of ADR is followed. In order to have such an implementation programme, it is necessary to analyse what the problems are and rectify them. Mahatma Gandhi had put in correct words as : â€Å"I had learnt the true picture of law. I had learnt to find out the better side of human nature and to enter mens heart. I realised that the true function of a lawyer was to unite parties riven as under. The lesson was so indelibly burnt into me that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromised of hundred of cases. I lost nothing thereby-not even money-certainly not my soul. † The Idea behind finding an alternate was to provide if not greater but equal form of justice. Certain things were kept in mind like a)it should provide equality and be fair b) it should same as judgments based on ethics c) it should be within the law framework of the country d) and it should be able to come up with remedies which a litigative system doesn’t provides. Further one cannot deny the fact that many pitfalls in the Indian Legal System such as delay in justice,expense on drafting , rigitidy of rules and limited participation of parties are few flaws. Every litigant expects to be hared by the judge but due to the rigidity norms its delayed however the rigidity is necessary to maintain the probity of the judicial process. Natural justice as a matter of principle demands judges to hear both the parties in presence of eachother, if it is not than its anathema. Mediation on the other hand is a process in which a person cannot be judgemental but a fecilitator who is just and views underlying issues who helps in communication between two parties and reach a common solution. He however can furnish a report on his mediation and then forward it to the judiciary. This process involves meeting the parties separately and also together . The matter is discussed and accordingly a common solution is found out which of the benefit to both the parties. The mediator understands the source of conflict between the parties and within the parameters of laws suggests them a solution thus creation new ideas. These are advised to the parties and its further for them to accept it. Besides that in mediation process one understands the situation of the other and accordingly reach the conclusion. In the Indian legal system the adversarial nature of our lawyers which involve confliction views are necessary adjunct to effort of the court to investigate facts. But here an individual client feels marginalized in the presentation of his viewpoints by his lawyer before the court as litigants who contest in person give vent to their emotion,opinions,perceptions and interests. Thus mediation calls for in person involvement of a person so that his views are expressed and his emotions. interests, concerns, receive empathy and process is practical. Always judicial remedies are not geared to accommodate. Mediation provides a real alternative as mediation outcomes are less likely to be evaded and parties look beyond the formal confines of a legal dispute. Some cases are not be dealt in conventional court setting such as business and personal relationship where confidentiality is an important aspect. Therefore they require mediation .

Euthanasia :: Free Euthanasia Essay

Euthanasia Should we allow Euthanasia in cases where people who are terminally ill request the right to die? People should have the right to control and chose whether they die or not. However I think they should be in a mentally fit state to do so. If they only have a couple of months to live and can feel the pain if they aren’t injected day after day, then I think they should be given the chance to make decisions for themselves. It is after all their life, it belongs to them and the only judge the only decision maker should be the person themselves. I think being given the gift of life is a wonderful thing but being forced to live spoils what should be a joyful and knowledgeable experience of growing. If people are given millions of choices in life why should they be denied the choice of death? Good pain control makes euthanasia unnecessary I think pain control will only block the pain but it will leave the patient a ‘zombie’. People need to understand that although the pain can be stopped for a certain period of time it will never leave the patient. If the patient wishes to die and is in a mentally fit state to make decisions then I think they should be able to. Nevertheless I believe doctors and nurses should make sure the patient is not depressed. As people often go through stages when they feel insecure and miserable, when they feel death is their only option out. On the other hand people may disagree with me because they think if the pain is stopped then the feeling of being terminally ill is lost, it’s gone, it’s forgotten. They will argue that if the right Human beings should never be killed Human beings should never be killed. A statement that has never fit into perspective for me. Innocent Humans are killed all over the. Still governments have never stopped these immoral things. These people never wanted to die. Yet when it comes to Humans who are terminally ill and want to die, they won’t allow it. I agree that life is a gift and should be lived to the full. But people who cannot enjoy their lives should have the right to end them. Death is not always an evil to be avoided Death is not a bad thing. It can be helpful to those who need it those who are suffering each day, and waiting for death to come to them.

Flash On Mobile Phones

Introduction:The basic manner of communicating in these yearss is MOBILE and it has become a demand of common adult male these yearss because of its variable characteristics and the use rate of this medium has increased quickly as observed from past few old ages. There are many companies in the market that design and come up with new engineerings that could be induced into these appliances covering all the characteristics like Bluetooth connectivity, WLAN and many other characteristics and these yearss the Mobiles are designed to vie with computing machines there are few Mobiles in the market that could be used as a pocket Personal computer every bit good in this ways there are many scopes and types of Mobiles that could fit to the demands of persons. The characteristics which are at that place in the nomadic phones are being used by the corporate companies likevideocool.comwhich are seeking to spread out their concern by marketing their merchandises over these nomadic phones.Flash Lite:Flash lite is the package version which has been created and developed by Macromedia specifically for usage on nomadic devices. The flash lite package came into being and was created in the twelvemonth 2003 by macromedia It ‘s fundamentally called as an adobe flash and it is a package being used for the assorted Mobile and consumer applications which benefits ‘ the maker and developers. The first version of flash lite which has been launched is Flash Lite 1.0 and it was released in February 2003 ab initio it was designed merely for few nomadic French telephones like â€Å"NTT DoC0Mo 505i† in Japan at that clip it was designed to set brassy content on to nomadic phones so that it would be utile in selling.Why Use Flash On Mobile Phones? :Flash is used in nomadic phones to develop rich, originative artworks which are synergistic with users and which are user friendly.The applications which are developed by utilizing flash are easy to market and it takes less clip to market them and even the cost involved in making and developing them is even less compared to that of creative activity of same applications in either JAVA or C++ . One of the major advantage of the use of Flash platform on a P.C is the 1 million + developing group who have the experience of making and developing games, lifes and e-learning applications. The same sort of content is besides required for the nomadic market so it is easy for a brassy developer to utilize the same accomplishment set used in P.C to utilize in Mobiles in order to develop content for nomadic devices. As with Flash on the desktop, Flash Lite besides gives user the power to make content of their ain wish The lone restriction is one ‘s ain creativeness.Versions of Flash:Since flash has been released there have been many developments and every clip new versions of flash have been released. * Flash Lite1.1whichsupports flash4 ‘s Action Script. * Flash Lite2.0, which is based on Flash Player7, and it supports the new action book of Flash7 * Flash Lite3is developed based on Flash8. In the procedure of making a promo for thevideocool.comthe nomadic phones we have used the brassy lite package as an of import toll which is used by the systems to supply the connexion between the many persons or multiple applications such as pictures and YouTube. By utilizing the flashlite we can play the online picture without holding any other new participants because of this grounds we can see that the stigmatization chances can be increased. Flashlite is package which could every bit vie with the J2ME and brew flashlite is a engineering which us non same as the Mobile operating system where as in it is the engineering by utilizing which we can develop the applications that could be seen on the nomadic operating system. Flashlite is a development that could replace the j2me or that could be seen on the top of Java ME. By utilizing flashlite could do the package proving truly easy when compared with the other systems In the flashlite the excess artworks and lifes could be used without losing the in writing quality. Furthermore brassy lite is more flexible and can even back up pictures which are of higher quality, flash is easy to work on as it deals with the artworks sideKeies used:* HOME-this key is used to voyage to the chief bill of fare. * NEXT-this is used to voyage to the following page. * MOVIES-once we click on this it automatically displays the list of pictures which are available to be viewed. * SONGS-after clicking on this a list of vocals which are available is displayed. * SPORTS-used to see pictures of athleticss.Report on market research & A ; analysis:As seen above we see that the use of flashlite is really high on the latest nomadic phones and when market study is done are by comparing the present state of affairs we can calculate that within two more old ages at that place would be developing application utilizing the flashlite package. The chief advantage of utilizing brassy lite is that it is really simple to utilize and easy in application and even a little child can shop the files which are available on the web site. As we know that YouTube pictures can be watched on the nomadic phones by diminishing the declaration of picture, so this could be greater accomplishment of package and there could be a development on this facet in close hereafter and picture which are of higher quality can besides be played in nomadic phones. More over due to the initiation of WLAN into the Mobiles through which web browse is made easy, and we can link to internet wherever it is possible to link i.e in hot spots. There are chiefly two package ‘s which are used to implement artworks on nomadic phones they are * Flash Lite * J2ME ( JAVA ) Flash lite has many versions the version which we are utilizing isFL CS4Professional which is the latest version released in the flash light application. In this version there are many types of devices i.e copycats which are used to bring forth our end product or watch the picture which are on the web site, nowadays about all of the nomadic devices support flash picture. Flash lite is really simple to plan and is user friendly and.Generally when J2ME and flashlite compared flashlite has an advantage with all benefits of array, maps, twins and text field etc.there would be speedy developments on this application utilizing brassy IDE. In future, there would be different development on vector based artworks life and artworks which would do flashlite as the best package in the close hereafter through its traveling good now. But in general people use to prefer a flash participant to play video files alternatively of Java as in Java cryptography is more complicated when compared to blink as it uses artworks instead than complicated cryptography. Microsoft is working on â€Å"SILVERLIGHT† , a tool similar to Adobe ‘s Flash, which should finally go compatible with devices running on its Windows Mobile platform. Nokia had earlier announced that it is working on doing â€Å"SILVERLIGHT† compatible with Symbian S60, a platform on which the seller ‘s smart phones work.

Able Corporation Business Plan Report - 841 Words

The Strategic Plan of Able Limited a subsidiary company of Walden International details goals for the next ten years. The plan also encompasses the strategies to achieve our initiative of breaking and leading in the global market and measures by which we will evaluate our progress. This plan is created in consideration of all our stakeholders. The plan will be updated yearly which will enable us to give account of our achievements, need for modification on new mission requirements and how to improve on our performance measurement ways. Able Limited is a growth oriented company. The need for this strategic initiative is to formulate, implement and ramify our strategies on how to break into the global market and maintain a high†¦show more content†¦It will also include procurement of a head count of employees, material and media management through advertisement and partnership. It also pertains how to attain low cost and high volume production, level of employee involvement i n daily running of the activities of Aber Corporation. Furthermore it involves regular auditing of accounting books to minimize accounting errors, workforce training through seminars to keep them at par with dynamics in the global business world, diversification and portfolio planning and analysis of the political, economic, social and technological changes (Ernest, 2001). Tactical execution of the above strategies requires the following keys to success: provision of high quality work, paying great attention to professionalism in all business dealings, maintenance of a high managerial oversight and use of a highly competent workforce who are able to explain intricate business values to our clients. This is the most important part as it involves practicability of the stated objectives and our adaptability to laid down changes to be implemented. This includes optimal resource allocation, building on our strengths, resolving of various threats we are facing, pursuing of opportunities available in our scope and resolving our weaknesses through communication. The success measures or quality control management will entail reviewing of all our long-term and short-term forecasted objectives against how we have performed. We will alsoShow MoreRelatedStrategic Management Essay1403 Words   |  6 PagesQuestion: Able Corporation is a successful US manufacturing company located in Tennessee that builds power tools, lawn mowers, lawn furniture, microwaves, and ranges. All products are manufactured locally and sold through large retailers like Sears, Best Buy, and Wal-Mart. They have sale papers inserted in every Wednesday and Sunday paper. Although they have a thriving business in the US and Canada, Able is trying to break into the global marketplace. 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